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2 | 2 | | SENATE DOCKET, NO. 2146 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1702 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Dylan A. Fernandes |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying |
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12 | 12 | | resolve: |
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13 | 13 | | Resolve to establish a commission to study expanding sentencing jurisdiction in Houses of |
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14 | 14 | | Correction. |
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15 | 15 | | _______________ |
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16 | 16 | | PETITION OF: |
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17 | 17 | | NAME:DISTRICT/ADDRESS :Dylan A. FernandesPlymouth and BarnstableDavid T. Vieira3rd Barnstable2/24/2025Hadley Luddy4th Barnstable2/24/2025Kip A. Diggs2nd Barnstable2/24/2025Julian CyrCape and Islands2/24/2025 1 of 3 |
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18 | 18 | | SENATE DOCKET, NO. 2146 FILED ON: 1/17/2025 |
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19 | 19 | | SENATE . . . . . . . . . . . . . . No. 1702 |
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20 | 20 | | By Mr. Fernandes, a petition (accompanied by resolve, Senate, No. 1702) of Dylan A. |
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21 | 21 | | Fernandes, David T. Vieira, Hadley Luddy, Kip A. Diggs and others that provisions be made for |
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22 | 22 | | an investigation and study by a special commission (including members of the General Court) to |
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23 | 23 | | study the expansion of statutory sentencing guidelines in Houses of Correction. Public Safety |
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24 | 24 | | and Homeland Security. |
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25 | 25 | | The Commonwealth of Massachusetts |
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26 | 26 | | _______________ |
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27 | 27 | | In the One Hundred and Ninety-Fourth General Court |
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28 | 28 | | (2025-2026) |
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29 | 29 | | _______________ |
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30 | 30 | | Resolve to establish a commission to study expanding sentencing jurisdiction in Houses of |
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31 | 31 | | Correction. |
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32 | 32 | | 1 Resolved, SECTION 1. Purpose. |
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33 | 33 | | 2 Whereas the current statutes of the Commonwealth of Massachusetts allow for the |
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34 | 34 | | 3housing of inmates sentenced to a term of incarceration up to two and one-half years in the |
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35 | 35 | | 4Houses of Correction under the jurisdiction of the county sheriffs, this legislation initiates a |
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36 | 36 | | 5study to assess the feasibility, impact, and potential benefits of expanding the jurisdiction of |
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37 | 37 | | 6Houses of Correction to include inmates sentenced to terms of incarceration of up to ten years. |
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38 | 38 | | 7 SECTION 2. Establishment of a Commission. |
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39 | 39 | | 8 There shall be established a special commission to study and evaluate the feasibility and |
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40 | 40 | | 9implications of expanding the statutory sentencing guidelines to allow sheriffs to house inmates |
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41 | 41 | | 10sentenced to a maximum of ten years in the Houses of Correction. |
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42 | 42 | | 11 SECTION 3. Composition of the Commission. 2 of 3 |
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43 | 43 | | 12 The commission shall consist of the following members: 1 member of the Massachusetts |
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44 | 44 | | 13House of Representatives, appointed by the Speaker of the House, who shall serve as co-chair; 1 |
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45 | 45 | | 14member of the Massachusetts House of Representatives, appointed by the House Minority |
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46 | 46 | | 15Leader; 1 member of the Massachusetts Senate, appointed by the Senate President, who shall |
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47 | 47 | | 16serve as co-chair; 1 member of the Massachusetts Senate, appointed by the Senate Minority |
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48 | 48 | | 17Leader; the Secretary of Public Safety and Security, or their designee; the Commissioner of the |
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49 | 49 | | 18Department of Correction, or their designee; 3 sheriffs of the Commonwealth, appointed by the |
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50 | 50 | | 19Massachusetts Sheriffs’ Association; one member of the Committee for Public Counsel Services, |
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51 | 51 | | 20appointed by the Governor; 1 member of the Massachusetts Association of Criminal Defense |
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52 | 52 | | 21Lawyers, appointed by the Governor; 2 members of the judiciary, appointed by the Chief Justice |
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53 | 53 | | 22of the Supreme Judicial Court; 2 District Attorneys appointed by the Massachusetts District |
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54 | 54 | | 23Attorneys Association; and 2 members of the public with expertise in sentencing policy, |
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55 | 55 | | 24appointed by the Attorney General. |
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56 | 56 | | 25 SECTION 4. Duties of the Commission. |
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57 | 57 | | 26 The commission shall: (a) review current sentencing statutes and guidelines and their |
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58 | 58 | | 27alignment with the operational capacity and rehabilitation programs in Houses of Correction; (b) |
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59 | 59 | | 28assess the fiscal, operational, and public safety impacts of expanding sheriffs' jurisdiction to |
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60 | 60 | | 29house inmates sentenced to terms of up to ten years; (c) evaluate the potential benefits of |
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61 | 61 | | 30enhanced local rehabilitation services, family connections, and community-based programming |
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62 | 62 | | 31for inmates serving longer sentences; (d) solicit input from stakeholders, including victims' |
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63 | 63 | | 32advocates, legal professionals, correctional staff, and community organizations; (e) consider the |
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64 | 64 | | 33best practices from other states with similar sentencing models; and (f) consider the use of the |
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65 | 65 | | 34current step-down system from the Department of Corrections to the Houses of Correction. 3 of 3 |
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66 | 66 | | 35 SECTION 5. Report and Recommendations. |
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67 | 67 | | 36 The commission shall file a report with its findings and recommendations, including any |
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68 | 68 | | 37proposed legislative or regulatory changes, with the Clerk of the House of Representatives, the |
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69 | 69 | | 38Clerk of the Senate, and the Governor no later than one year from the date of the commission's |
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70 | 70 | | 39first meeting. |
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71 | 71 | | 40 SECTION 6. Implementation and Funding. |
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72 | 72 | | 41 The commission shall be funded through existing appropriations to the Executive Office |
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73 | 73 | | 42of Public Safety and Security, with additional funding as necessary to be allocated through the |
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74 | 74 | | 43state budget. |
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75 | 75 | | 44 SECTION 7. This act shall take effect immediately upon passage. |
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